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2021 Supreme(All) 98
IN THE HIGH COURT OF ALLAHABAD
Prakash Padia, J.
Shyam Sundar Verma – Petitioner
Versus
Jagat and Others – Respondents
Matters Under Article 227 No. 1008 of 2021
Decided On : 10-02-2021
Advocate Appeared:
For the Petitioner:Shashi Prakash Misra, H. N. Singh Sr. Advocate
For the Respondent: C.S.C., Kshitij Shailendra
The validity of orders passed by the Election Tribunal under the U.P. Municipalities Act, 1916, and the principles of extending interim orders as per the judgment of the Supreme Court in Asian Resurfacing of Road Agency Pvt. Ltd. & Anr. Vs. Central Bureau of Investigation.
Headnote:
Amendment Application - Election Petition - U.P. Municipalities Act, 1916 - Section 19, 25, 26 - The court allowed the amendment application to add new paragraphs and grounds to the petition. The petitioner contested an election and filed a petition under Article 227 of the Constitution of India to set aside the impugned judgment and order. The Election Tribunal had directed a recount of votes and declared the result, which was challenged by the petitioner. The court found that the order passed by the Election Tribunal was valid and did not call for interference.
Fact of the Case:
The petitioner contested an election and filed a petition under Article 227 of the Constitution of India to set aside the impugned judgment and order. The Election Tribunal had directed a recount of votes and declared the result, which was challenged by the petitioner.
Finding of the Court:
The court found that the order passed by the Election Tribunal was valid and did not call for interference.
Issues: Validity of the order passed by the Election Tribunal, maintainability of the present petition, and extension of the interim order.
Ratio Decidendi: The court held that the order passed by the Election Tribunal was valid and did not call for interference. It also noted that the proceedings before the Tribunal were continuing and the order dated 07.03.2020 was only interlocutory in nature.
Final Decision: The petition was dismissed as having no merit, and no costs were awarded.
ORDER :
1. An amendment application supported by an affidavit has been filed today in the Court by the counsel for the petitioner and the same is taken on record.
2. By way of the aforesaid learned counsel for the petitioner prays for amendment in the body of the petition by adding Paragraph Nos.13-A, 13-B & 13-C after paragraph 13 and 20-A after paragraph No.20 and grounds Nos V(A) and V(B) after ground No. V and prayer clause of the petition by adding prayer No.(i)(a) and (1)(b) after prayer No.(i).
3. Learned counsel for respondent has no objection if the amendment application is allowed as the amendments are formal in nature.
In view of the above, Amendment Application is allowed.
4. Counsel for the petitioner is directed to carry out necessary amendments in the body of the petition and prayer clause of the petition during the course of the day.
Order on the Petition
1. Heard Sri H.N. Singh, learned Senior Counsel assisted by Sri Shashi Prakash Misra, learned counsel for the petitioner and Sri Kshitij Shailendra, learned counsel for the respondent.
2. The petitioner has preferred the present petition under Article 227 of the Constitution of India with the following prayers:-
“(i) Issue a suitable order or direction setting aside the impugned judgment and order dated 02.02.2021 passed by the Additional District& Sessions Judge (POCSO Act-1) Sant Kabir Nagarin Misc. Case No.37 of 2020 arising out of Election Petition No.01 of 2017 (Jagat Vs. Shyam Sundar and others).
(i)(a) Issue a suitable order or direction setting aside the impugned order dated 05.02.2021 passed by the District Election Officer/District Magistrate, Sant Kabir Nagar and all further proceedings consequent thereupon including the result of recounting.
(i)(b) Issue a suitable order or direction directing the respondents not to give effect to the impugned order dated 05.02.2021 referred to above and stay all further proceedings consequent thereupon including the effect of recounting during the pendency of the petition before this Hon’ble Court.
(ii) Issue a suitable order or direction directing the respondents not to give effect to the impugned judgment and order referred to above and stay all further proceedings consequent threre upon during the pendency of the petition before this Hon’ble Court.
(iii) Issue any other order or direction which this Hon’ble Court may deem fit and proper in the facts and circumstances of the case.
(iv) Award the costs of the petition.”
3. Facts in brief as contained in the petition are that the present petitioner contested the election for the post of President of the Nagar Panchayat, Khalilabad, District Sant Kabir Nagar which was held on 26.11.2017. The petitioner was elected as President to the aforesaid Nagar Panchayat. The rival of the petitioner namely Jagat son of Sri Dhoop Chandra/respondent No.1 has preferred an Election Petition being Election Petition No.01 of 2017 (Jagat Vs. Shyam Sundar and others). The Election Tribunal/Additional Sessions Judge (POSCO Act-1) Sant Kabir Nagar has finally allowed the aforesaid Election Petition vide its judgment and order dated 07.03.2020. By the aforesaid order, directions were given to the Returning Officer to re-count the votes and declare the result. Further directions were given that the results of the election which was already declared, will be subject to final result declared by the returning officer after recounting of votes and the Election Tribunal further directed the Prescribed Authority/Election Officer/District Magistrate Sant Kabir Nagar to implement the aforesaid order within ten days. It is further directed that till the aforesaid result is declared, petition will continue to hold the post of President, Nagar Panchayat.
4. Aggrieved against the aforesaid order, a petition under Article 227 No.2270 of 2020 was filed by the petitioner before this Court. This Court after hearing arguments of learned counsel for the petitioner an respondent No.1 in that petition stayed the effect and
